Dismissed¶9

Gayetry Devi and Another v. District Magistrate and 5 Others

Allahabad HC3 Nov 2020WRIC/15536/2020

Case brief

AI extract

What is this about?

Maintainability of writ petition under Article 226 of the Constitution of India; dispute over landed property between petitioner and private party; mandamus against interference with peaceful possession; boundary wall dispute; Arazi Nos. 380/2 (0.057H) and 381/2 (0.310H); Village Dhaurhara, Tehsil Machhlishar, District Jaunpur; private respondents Nos. 5 and 6; District Magistrate respondent; dismissal as not maintainable with liberty to approach appropriate forum; alternative remedy.

What did the court decide?

Liberty to the petitioner, if so advised, to take appropriate proceedings before the appropriate forum in accordance with law. ¶9

Gayetry Devi and Another Vs District Magistrate… — Writ and Judicial Review | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Liberty to the petitioner, if so advised, to take appropriate proceedings before the appropriate forum in accordance with law.

¶9

Issue for consideration

Whether the writ petition seeking mandamus to restrain the respondents from interfering with the petitioner's peaceful possession over Arazi Nos. 380/2 (0.057H) and 381/2 (0.310H), Village Dhaurhara, Tehsil Machhlishar, District Jaunpur, is maintainable, given that the dispute is over landed property between the petitioner and private respondents who allegedly prevent raising of a boundary wall.

¶8

Court's answer

The dispute between the petitioner and private respondents Nos. 5 and 6 relates to landed property, the private party allegedly not permitting the petitioner to raise a boundary wall over his land.

¶8

Ratio / Principle

A dispute relating to landed property between the petitioner and a private party cannot be adjudicated by this Court in exercise of its powers conferred under Article 226 of the Constitution of India.

¶8

Key takeaways

The writ petition is not maintainable and is accordingly dismissed; however, the petitioner, if so advised, may take appropriate proceedings before the appropriate forum in accordance with law.ratio¶9

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 15536 of 2020, order dated 3.11.2020) by Gayetry Devi and another seeking a writ of mandamus commanding the respondents not to interfere with the petitioner's peaceful possession over Arazi Nos. 380/2 (0.057H) and 381/2 (0.310H) situated in Village Dhaurhara, Pargana Mugara Badhshahpur, Tehsil Machhlishar, District Jaunpur; the grievance was that private respondents Nos. 5 and 6 were allegedly not permitting the petitioner to raise a boundary wall over his land. Held (Shashi Kant Gupta and Pankaj Bhatia, JJ.) that since the dispute relates to landed property between the petitioner and a private party, it cannot be adjudicated by the Court in exercise of its powers conferred under Article 226 of the Constitution of India; the writ petition was held not maintainable and dismissed, with liberty to the petitioner to take appropriate proceedings before the appropriate forum in accordance with law.

Gayetry Devi and Another v. District Magistrate and 5 Others

Case brief

What is this about?

What did the court decide?

Gayetry Devi and Another v. District Magistrate and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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